In today’s world, accessing online services is as crucial as having electricity or water. Just as we expect reliable electricity and clean water, we should demand the same from the internet. Our data now defines who we are, encompassing our relationships, thoughts, interests, and memories. We, not Big Tech, should control this information. Utah’s innovative new law aims to achieve this by empowering individuals to manage their data on social media.
The Digital Choice Act, effective July 1, 2026, represents a significant move towards granting individuals, rather than social media companies, control over their personal data. This law will allow users to transfer their content and connections to different apps using open-source protocols if they are dissatisfied with a social media platform. This ease of movement and compatibility provides the freedom to manage their digital lives without losing their history. Furthermore, the law enables users to completely delete their data upon leaving a platform.
For a long time, the saying has been, “If you are not paying for the product, you are the product.” Social media platforms don’t charge users; instead, they sell user attention to advertisers. The Digital Choice Act aims to reverse this dynamic, returning control to the users.
Currently, social media giants employ addictive algorithms to engage users, gather data, and influence behavior for financial gain. Research indicates that these practices can have a particularly negative impact on teens and young adults. Americans are waking up to these dangers.
Laws like the Digital Choice Act prioritize people by reducing barriers to entry and creating opportunities for new social media platforms. History has demonstrated the effectiveness of interoperability: the Telecommunications Act of 1996 fostered innovation in mobile services and broadband, leading to over $1.5 trillion in private investment in the telecom industry. Similarly, the UK’s open banking reforms in 2018 spurred the creation of numerous fintech startups.
As the situation stands, people’s livelihoods and digital identities are constantly vulnerable because corporations control their data. We frequently see this play out. For instance, when TikTok faced a potential ban on January 19, millions of Americans risked losing access to years’ worth of relationships and content. The Digital Choice Act would have allowed users to move their data, content, and communities from TikTok to a platform of their choice.
Many individuals also suffer from arbitrary decisions made by platforms that lack proper oversight and offer limited recourse, appeals, or exit options. Laws like the Digital Choice Act empower creators and ordinary social media users to transfer their content and communities to platforms that better suit their needs. The law also allows people to simultaneously share posts across multiple platforms, reaching their friends and followers wherever they are.
The fundamental issue of platforms holding our data hostage and using it against us is becoming a major challenge of our time. It underlies a business model that harms children, polarizes communities, and threatens national security. The Digital Choice Act starts by addressing these issues on social media, where the harms are perhaps most evident. However, the recent 23andMe breach, which jeopardized the DNA of 15 million customers, underscores that these concerns have wider implications. The consequences will only worsen as AI becomes more integrated into the economy and the internet. It is crucial to address this before it’s too late.
Utah has consistently been a leader in consumer data protection. In 2024, Utah passed two laws (S.B. 194 and H.B. 464) aimed at protecting minors, strengthening parental controls, and holding social media companies accountable for mental health issues. As policymakers and parents, we have a responsibility to do more.
We urge other states, countries, and the federal government to follow Utah’s example. Data rights are human rights and should be protected by law.
If people have the ability to move their data between platforms, it will fundamentally change a flawed system that is harming our children, communities, and country. Data interoperability is achievable, as social media platforms already use common protocols to facilitate data portability. Millions stand to benefit from improved laws and technology that support data portability and app interoperability.
We can no longer accept a situation where corporations control our online lives. It’s time to create a future where individuals own and control their digital identities. Shouldn’t you own you?
Spencer Cox is the Governor of Utah and outgoing chair of the National Governors Association.
Frank H. McCourt Jr. is the executive chairman of McCourt Global, founder of Project Liberty, and author of “Our Biggest Fight.”
